Nicole Abruzzo’s Answers

Can you be stopped from entering the US if you have been working while on tourist visa?

I worked in the US for a summer under a J1 visa and during this time I was issued a social security number to work on , since the J1 visa allows you to work. After my J1 visa expired and I completed my program I applied for a visitor visa , and I ...

Nicole’s Answer

November 12, 2016 10:39am

Hi, I understand your concerns. I know you would like to work in the United States, but you need to get a different type of visa that is for working purposes. The B-2 visitor visa is for travel, and when entering the US in this visa, you are making a promise that you will not work. While the CBP and IRS (at this point) do not closely communicate with each other, they may start. If you would like to eventually get the proper visa or even a green card, do not work on a B-2 visa, you would be jeopardizing your future immigration plans.

Feel free to contact our office if you would like a consultation. The number is 646-453-5734. Yours truly,
Nicole Hemrick

What to do when someone keeps telling you they will pay for immigration fees but they don't?

I got involved with someone who insisted they would pay my immigration lawyer and fees. He married me as proof he wants us to stay together. He is now refusing to work claiming he's too depressed and angry to work, yet he's working under the table...

Nicole’s Answer

June 24, 2016 11:15pm

Hi,

I am so sorry hear what you have been going through. If you married this person for love (not a green card) and he has become abusive, you can self-petition for lawful status in the US as an abused spouse. I strongly recommend you speak with an attorney.

Can I apply for citizenship with an expired green card

My green card expired 2014 the company I work for was sold I need to do I-9 asap so I either need a renewed green card or apply for citizenship

Nicole’s Answer

June 24, 2016 2:45pm

Hi,

The NYC district office is processing N-400 applications expeditiously as it is an election year (many of my clients have been interviewed within 3 months of filing). Assuming there are no issues that would impede your eligibility for naturalization, such as tax debt, criminal convictions, failure to pay child support, too much time outside of the US (to name a few), it would take less time for you to become a US citizen than to renew your green card. The NYC field office does not require an unexpired green card in order to naturalize a person.

As for your employer, the fact that the card is expired does not mean you are no longer a lawful permanent resident. Only an immigration judge can order that permanent resident status be stripped. Furthermore, once you apply for your naturalization, you will receive an I-797 receipt notice, with which you can go to your nearest USCIS office and request an I-551 stamp in your passport--this is a green card stamp and should satisfy your employer. Additionally, an attorney can write your employers letter explaining your lawful permanent resident status and the effect of the I-551 stamp.

I recommend you speak with an attorney about your particular circumstances.

I married an illegal immigrant

I married an illegal immigrant in NY. Our marriage is real. We have paid thousands of dollars to get his status fixed and so far we have been denied at every turn. I601 no good. 10 year defense no good. We really want to go on our honeymoon, we ...

Nicole’s Answer

June 24, 2016 2:27pm

Hi,

As others indicated, a person being "illegal" can mean many things. For example, your spouse may have entered lawfully with his/her own visa then overstayed his/her time, or may have entered under someone else's name/documents or with fake documents, or he/she may have crossed the border into the United States without having been inspected. Furthermore, if there is a prior removal/deportation order that will also make a difference. There are a variety of legal strategies, which may include a waiver (either I-601 or I-601A) depending on the particular circumstances. Feel free to subscribe to my firm's newsletter to read my attached article: http://www.lawsb.com/getting-a-green-card-or-legal-status-in-the-united-states-after-an-unlawful-entry/

I strongly recommend that you have a consultation with an attorney regarding your particular circumstances.

I apply for my wife and baby last six months and still in initial review I also have heart transplant I also have dc latter

I apply for my wife and baby last six months and still in initial review I also have heart transplant I also have dc latter and the latter say I only can be in USA .can u help but can it be fast or may be for visa and I'll finish applying for he...

Nicole’s Answer

September 30, 2014 3:24am

I am really sorry about what you are going through. Under certain circumstances, such as medical emergencies, a person's family may enter the United States under humanitarian parole to come here more quickly without waiting for petition approval and visa processing. This process may still take some time and should not be used in place of the normal petition and immigrant visa processing. In fact, there is an expectation the family will depart the United States after the the emergency for which they were paroled into the United States is over. Should you have any questions please feel free to contact me at 212-227-3636.

Deadline for asylum application

what is the deadline for asylum applications for international students who are out of status.

Nicole’s Answer

September 30, 2014 3:15am

While the deadline for asylum is one year from entry, there are exceptions under 8 c.f.r. Section 208.4 for materially changed and exceptional circumstances. One such exceptional circumstance is having maintained status (for example F -1 student) for a reasonable period prior to applying for asylum. As explained by the Board of Immigration Appeals in Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010) proving an exception to the one year filing deadline (changed or exceptional circumstances) does not necessarily give you an additional year to apply for asylum and what qualifies as a "reasonable period" after an exception to the one-year deadline varies. To get legal advice, you should speak with a attorney regarding your particular circumstances.

My i-130 was expired, What can i do to get it back up?

My i-130 was approved but I couldn't apply for AOS because I was an EWI. How do I get a new i-130? will i have to file a new i-130 or i can just ask them to reopen it? I plan to got o my country with advanced parole to get the f-1 visa I am an imm...

Nicole’s Answer

November 17, 2012 3:22pm

Selected as best answer

You do not require a new I-130 because I-130s do not expire. You need to ensure that you will qualify for advanced parole. If you do not have a pending I-485 (green card application) that may be problematic, unless you qualify for advance parole for some other reason. Your TPS may protect you from unlawful presence, and if you do obtain advance parole under the Board's recent decision in Matter of Arrabally, you should be protected against triggering unlawful presence. Another option, to be absolutely protected, would be to file a waiver of inadmissibility for unlawful presence and waiting for a decision even before traveling abroad to consular process to ensure that you are absolutely protected before traveling abroad. Please be advised, however, that these are general responses and to obtain legal advice, you should seek an attorney's advice and show the attorney all of your immigration documentation prior to making any decisions about how to proceed.